CLA/CP Exam Civil Litigation Procedures 3 — Questions and Answers
Question 1: In federal civil litigation, what is the standard for granting summary judgment under FRCP Rule 56?
- The moving party proves its case beyond a reasonable doubt
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The opposing party fails to appear at the summary judgment hearing
- The judge determines the evidence is insufficient for a jury
Correct answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
Question 2: A 'motion in limine' is typically filed:
- After the verdict to challenge jury instructions
- Before or during trial to exclude certain evidence (Correct answer)
- During the pleading stage to narrow issues
- At the close of discovery to compel production
Correct answer: Before or during trial to exclude certain evidence
A motion in limine is a pretrial or mid-trial motion seeking to exclude prejudicial, irrelevant, or otherwise inadmissible evidence.
Question 3: Under FRCP Rule 15, a party may amend its pleading once as a matter of course within how many days after serving it?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
Rule 15(a)(1) allows a party to amend its pleading once as a matter of course within 21 days after serving it.
Question 4: What does 'service of process' accomplish in a civil lawsuit?
- It notifies the court clerk that a case has been filed
- It officially notifies the defendant of the lawsuit and grants the court jurisdiction over them (Correct answer)
- It transfers the case from state to federal court
- It begins the discovery process between parties
Correct answer: It officially notifies the defendant of the lawsuit and grants the court jurisdiction over them
Service of process provides formal notice to the defendant and establishes the court's personal jurisdiction over that party.
Question 5: A paralegal notices that a statute of limitations deadline will expire in three days for a client's personal injury claim. The BEST immediate action is to:
- Draft interrogatories to send to the opposing party
- Alert the supervising attorney immediately so the complaint can be filed (Correct answer)
- Request a 30-day extension from the opposing counsel
- File a notice of appearance on behalf of the client
Correct answer: Alert the supervising attorney immediately so the complaint can be filed
Statute of limitations deadlines are jurisdictional and cannot be extended by agreement; the attorney must be notified immediately to file the complaint in time.
Question 6: What is the primary purpose of mandatory initial disclosures under FRCP Rule 26(a)(1)?
- To allow the court to assess the credibility of witnesses before trial
- To require parties to share basic relevant information early without waiting for discovery requests (Correct answer)
- To replace all other forms of discovery in federal cases
- To give the judge a preview of each party's trial strategy
Correct answer: To require parties to share basic relevant information early without waiting for discovery requests
Rule 26(a)(1) initial disclosures require parties to voluntarily share witness names, document categories, damages computations, and insurance information at the outset of litigation.
Question 7: In the context of civil litigation, what is a 'deposition upon written questions'?
- An interrogatory sent to a non-party
- A deposition where questions are submitted in writing in advance and answers are given orally before a court reporter (Correct answer)
- A written summary of a witness's oral deposition
- A type of request for admission directed to expert witnesses
Correct answer: A deposition where questions are submitted in writing in advance and answers are given orally before a court reporter
Under FRCP Rule 31, a deposition on written questions involves submitting the questions in writing; the deponent answers orally before an officer who records the testimony.
CLA/CP Exam Civil Litigation Procedures 3
In federal civil litigation, what is the standard for granting summary judgment under FRCP Rule 56?